Valid H1B Visa - H1B transfer - Employer Name change on Passport

RockFly

By RockFly,
in H1B : Visa Stamp

Recommended Posts

RockFly Member

RockFly

Posted
Posted

Hi All, I have

1. A valid H1B visa with employer A name (who did my Visa processing) on my passport with validity until Sep 2018. 
2. Transferred my petition to employer B before traveling to US and got the petition validity up to Jan 2019. Traveled to US and asked by immigration officer to have the new employer name on passport on next visit. He verified new I-797 B and wrote on visa of my passport  - 17 Jan 2019, new I-797 B
3. Currently working with employer B.
4. Petition filed by employer A was revoked on 1st Apr 2016.
5. Now, planning for a vacation to India in the month of Aug/Sep 2017.

Considering above information, my Question is

Quote

Do I have to go for new visa stamping at India for myself, wife and kid? OR Can I come back to US on old visa stamping (which has employer A name on passport which is valid till Sep 2018) and show new H1B petition (which is from Employer B currently working with validity till Jan 2019?

 

Link to comment
shekar11# Advanced Member

shekar11#

Posted
Posted
10 hours ago, RockFly said:

Hi All, I have

1. A valid H1B visa with employer A name (who did my Visa processing) on my passport with validity until Sep 2018. 
2. Transferred my petition to employer B before traveling to US and got the petition validity up to Jan 2019. Traveled to US and asked by immigration officer to have the new employer name on passport on next visit. He verified new I-797 B and wrote on visa of my passport  - 17 Jan 2019, new I-797 B
3. Currently working with employer B.
4. Petition filed by employer A was revoked on 1st Apr 2016.
5. Now, planning for a vacation to India in the month of Aug/Sep 2017.

Considering above information, my Question is

 

You can use existing visa from old employer and use the new I-797 petition from new employer. No need for stamping.

Link to comment
premkalyan521 Advanced Member

premkalyan521

Posted
Posted
14 hours ago, RockFly said:

Hi All, I have

1. A valid H1B visa with employer A name (who did my Visa processing) on my passport with validity until Sep 2018. 
2. Transferred my petition to employer B before traveling to US and got the petition validity up to Jan 2019. Traveled to US and asked by immigration officer to have the new employer name on passport on next visit. He verified new I-797 B and wrote on visa of my passport  - 17 Jan 2019, new I-797 B
3. Currently working with employer B.
4. Petition filed by employer A was revoked on 1st Apr 2016.
5. Now, planning for a vacation to India in the month of Aug/Sep 2017.

Considering above information, my Question is

 

Technically you shud be good. 

In which POE you were asked to have new employer name on passport on next visit

 

Try to avoid that POE this time

 

Link to comment
RockFly Member

RockFly

Posted
  • Author
Posted

Thank you shekar11# for clarifying my query. I have come to US on Mar 2016 in the same way as you have mentioned above (As was already transferred my petition to new employer while i was in India). My only worry is old petitioner/USCIS revoked my old petition and Immigration officer asked to change the employer name next time I go back to India. 

Will there be any issue at PoE when i return to US if i show old passport with old employer name on visa with new I-797 petition from new employer?

Link to comment
RockFly Member

RockFly

Posted
  • Author
Posted

When i have visited first time (Mar 2016, H1B transfer was already done at India) on H1B, I did gave my valid i797 from employer B along with Visa and passport. He did allowed me by giving I-94 until Visa expiry, however informed casually to change the employer name in the next visit.

Now, I am going on vacation and wondering if i can come back without hassle of going for stamping for employer name change on visa-passport by showing valid i797

Link to comment
shekar11# Advanced Member

shekar11#

Posted
Posted
On 7/6/2017 at 3:23 PM, RockFly said:

When i have visited first time (Mar 2016, H1B transfer was already done at India) on H1B, I did gave my valid i797 from employer B along with Visa and passport. He did allowed me by giving I-94 until Visa expiry, however informed casually to change the employer name in the next visit.

Now, I am going on vacation and wondering if i can come back without hassle of going for stamping for employer name change on visa-passport by showing valid i797

Visa is not needed even if old employer has revoked petition. Your new employer petition is the one that is important. Enjoy your vacation and come back.

Link to comment
  • 2 weeks later...
  • 2 weeks later...
RockFly Member

RockFly

Posted
  • Author
Posted

Thank you all for the information and i forgot to mention another thing. When we entered US, my wifes passport was having a validity of 6 months and immigration officer informed us that I-94 will be given until new petition expiry date as he don't want us to run around for H4 extension with my then 2 yr old kid. He told us that usually, they give I-94 until passport expiry date. 

We got new passport for my wife and I assume we don't need to go for her stamping as well, please advise.

Link to comment
  • 1 month later...
RockFly Member

RockFly

Posted
  • Author
Posted

I wanted to update that we have returned to US after our vacation to India. CBP officer at Dallas didn't asked any questions. He provided my I-94 up to Sep 19, 2018 (Visa end date on my passport was Sep 9, 2018). My earlier I-94 was until Jan 19, 2019 as per new I-797B.

This time, they didn't ask for any petitions and directly went ahead with providing I-94 until Sep 19, 2018. I have not interfered with the process as i was afraid that he will ask more questions and the situation may end-up differently.

I lost 4 months compared my earlier I-94, however, it feels good that i do not need to go for stamping when i change companies and when i have valid passport with old employer name.

All of you guys are awesome and provided accurate information regarding my situation. Thanks a lot..

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing